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HomeMy WebLinkAboutItem 01 - Z11-04, PD11-05 Las Palomas Townhomes TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: MARCH 20, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE REQUEST Z11-04 AND PLANNED DEVELOPMENT OVERLAY PD11-05 LAS PALOMAS TOWNHOMES I t r r Grapevine 5�1 Lake APPLICANT: Jana P. Murphy I �Ve Rd t I I PROPERTY LOCATION AND SIZE: Northwes r 1 d l The subject property is located at 3091 Dove Road, and is proposed to be platted as Lots 1-6, Block A, s o Lots 1-5, Block B, and Lots 1-6, Block C, Las ti Wall-Johnson Airport 1 Palomas Addition. The addition contains 2.74 acres L � a I ----� o and has approximately 379 feet of frontage along Glade Rd. —m —I _1 Dove Road and 607 feet of frontage along Kimball Road. REQUESTED ZONE CHANGE AND PLANNED DEVELOPMENT OVERLAY AND COMMENTS: The applicant is requesting a zone change to rezone 2.74 acres from "PO" Professional Office District to"R-TH"Townhouse District for a 19 unit detached townhouse development along with two open space lots. The applicant is also requesting a planned development overlay to include but not be limited to deviation from front rear, side yard setback side Yard setback adjacent to a street requirements, from the requirement to front lots upon public streets, attached dwelling, building coverage. ,buffer area and building separation requirements. The applicant intends to develop detached dwelling units on a 2.74 acre tract of [and located at the southeast corner of Dove Road and Kimball Road. This project will consist of 19 detached lots and two open space lots accessed by two proposed public streets which will intersect with Kimball Road and Dove Road. The average square footage for all 0;2CUtiZ11-041PD11-05.4 1 March 15,2012(3:14PM) the residential lots is 3,582 square feet; with the exception of the open space lots, the largest lot in the proposed development is 4,136 square feet and the smallest is 3,060 square feet. Density for this proposal is 6.9 units per acre; nine units per acre is the maximum allowed in the district. The garages for the homes will be located at the rear of each lot, accessed by private alleys, which do not comply with design requirements for public alleys. The alleys will not have access to Dove Road or Kimball Road. Fourteen visitor parking spaces are located within the proposed subdivision. The planned development overlay is also necessary for the applicant to develop the site as intended relative to the following areas: • Use requirements relative to attached dwellings: the ordinance requires at least two dwellings to be attached; the applicant proposes all dwellings to be detached • Density requirements relative to maximum building coverage: ordinance requires not to exceed 55 percent of the total lot area; applicant proposes lot coverage of 57 percent for one lot (Lot 7, Block A) • Area requirements relative to minimum front yard setback: ordinance requires a 15 foot front yard setback measured from the back of curb; the applicant proposes a front yard setback of 10 feet measured from the back of curb • Area requirements relative to minimum rear yard setback for a rear entry garage: ordinance requires a rear yard setback of 25 feet for a rear entry garage; the applicant proposes a rear yard setback of 22 feet for a rear entry garage • Area requirements relative to minimum side yard setback: ordinance requires a six foot side yard setback; the applicant proposes one and four feet with a total of five feet between units • Area requirements relative to minimum side yard setback adjacent to a public street: ordinance requires a side yard adjacent to a street of 25 feet; the applicant proposes a side yard adjacent to a street of three and four feet adjacent to Las Palomas Drive and six feet for the three lots adjacent to Dove Road • Buffer area requirements relative to the distance required between a "R-TH" Townhouse development and a nonresidential district: ordinance requires forty feet from the adjoining property line; to the southeast the applicant proposes 36 feet • Design requirements relative to the minimum distance required between unattached buildings: ordinance requires 30 feet; the applicant proposes five feet • Definition requirements for lots relative to frontage upon a public street: ordinance requires principal frontage upon a public street or officially approved place; the applicant proposes seven of the nineteen lots will have no frontage on a public street Please see the applicant's attached letter and chart. PRESENT ZONING AND USE: The property is currently zoned "PO" Professional Office District and is undeveloped. O:1ZCU%Zl1-041PD11-05.4 2 March 15,2012(3:14PM) HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned in the 1984 City Rezoning from "C-2" Community Business District to "CN" Neighborhood Commercial District. The rest of the surrounding area, Parra Linda Estates and the Harwell Addition,were rezoned from"R-1"Single Family District to"R-7.5"Single Family District. A zone change request(Z04-05)was approved by Council at their July 20, 2004 meeting rezoning the property across Dove Road to the north along Kimball Road from "CN" Neighborhood Commercial District to"R-5.0"Zero Lot Line District. A zone change request(Z96-21)was approved by Council at their December 17, 1996 meeting rezoning the property immediately to the south of the subject site to "GU" Governmental Use District. The adjacent site, zoned "GU" Governmental Use District, is currently used as the Carroll ISD Administration Center for office space and as a storage facility; it was formerly developed as a grocery store (Food Lion) with a conditional use permit (CU91-10) for the sale, storage, and off-premise consumption of alcoholic beverages (beer only). At the September 18, 2007 meeting, City Council approved zone change Z07-12 (Ordinance 2007-51) on the subject from "CN" Neighborhood Commercial District to "PO" Professional Office District for an office development which never developed. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-5.0" Zero Lot Line District— Castle Court Addition SOUTH: "GU" Governmental Use District — Carroll ISD Administration Center EAST: "R-7.5" Single Family District - Harwell Addition and Pecan Gap Addition WEST: City of Southlake AIRPORT IMPACT: The subject tract is not located within any "Zone" as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Low Intensity Commercial land use. The applicant's request is not in compliance with the Master Plan. 0:1ZCU1Z11-041PD11-05.4 3 March 15,2012(3:14PM) THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Dove Road a Type B, Major Arterial requiring 80 feet of right-of-way developed as four lanes with a median. 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PROPERTY INFORMATION Street Address of subject property 3 Q 9 Ver ji��Y Legal Description: Lot Block I p Addition FAQ'pA 4 f Nd A Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet Size of subject property: acres[!._7y square footage Present zoning classification po Requested zoning district .r Present use of property VA-C&h f- to Proposed use of property -/� l S V[0 d f VlS /O K The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is Minimum/Maximum District size for requested zoning +t (n ' i i re PART 3. PROPERTY OWNER INFORMATION {' JJL 011 Property Owner p �hr 7 ry 1 S PS Prop Owner Address 'Z23 Iv. C . Q ,Pz `,yam. lot City/State/Zip � � �_, � ��3 Phone No. O ( � !�f"���� Fax No. �1 i� ❑ All Zone Chage Requests are assumed tc be completed when filed and will be placed on the agenda for public hearing at the descretion of Me staff`. Based on the size of the agenda,your application may be scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the next public hearing. Public hearings wi11 not be tabled. ❑ Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process. ❑ /have read and understand all the requirements asset forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN ON THE SUBJECT PROPERTYYt Jthx. F". l• tfJryA Print Applicant's Name A licant's Signature The State of County of 0-,f o,..; Before me(notary) 1 1 A& Lt.-e- ? on this day personally appeared(applicant) �"w2S known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal)Given under my hand and seal of office thisF;3"-� day of 3�,J, A.D. TIM LEE BADTexas Notary Public,StaMy Commission Notary In and For State of of October 6,2 � t Na teV� z C Print Property Y Owner's Name Property Owner's ignature The State of —�-- � County of Before me(notary) day personally appeared(applicant) known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, (Seal) Given under my hand and seal of office this day of ,A.D. Ll k 1 l Ik SNEILAToWly ON Notary In and For State of MY COMMISSFON EXPIRES fit No►'ember 13,2014 .„ r° III w.V � Ym i J r l AC UlXAMLE )CEI"y1E')V All Zone Change Requesi are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process. 1 have read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date 7� Signature of Property Owner i Date RJL P" �pI tl n NI t V� u w F .::ww� '`•� iYt� i n ] '+ TTi n .� �. -Y OFGRAPEVINE GFI PLANNED DEVELOPMENT OVERLAY APPLICATION PART 1.APPLICANT INFORMATION Applicant Name: n P. Applicant Address: City/State/Zip �"p�f�/A kc -,57 V49 Z Phone No. 1917 Z?1 q-0 AF Fax No. If/7 71o6 / % I Email Address . Mobile Phone Ff-j7 Z Applicant's interest in subject property r PART 2. PROPERTY INFORMATION PV-47.Fe..V-.. Street Address of subject property iP, .a ea.✓ K.C.r. ..Ae. .. Legal Description: Lot ( j Block ( D Addition Legal description of subject property(metes&bounds must be described on 8 112"x 11"sheet Size of subject property: acres Z.7 square footage 3/ / Present zoning classification P Q Proposed use of property 1pw s r den-��� � C50 b J #A Zoning ordinance provision requesting deviation from: PART 3.PROPERTY OWNER INFORMATION Property Owner LC /� _............. Prop Owner Address —2Z 3 City/State/Zip 77 �t Phone No. Fax No. ❑ Submit a letter describing the proposed planned development use and note the request on the site plan document El Describe any special requirements or conditions that require deviation of the zoning district regulations ❑ In the same letter,describe whether.the proposed overlay will,or will not cause substantial harm to the value,use,or enjoyment of other property in the neighborhood. Also,describe how the proposed overlay use MY add to the value, Sr en-ymenf of other property in the neighborhood. - ❑ The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. �f ui 2011 —Z ❑ All planned development overlay applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda,your application may be scheduled to a later date. ❑ Alt public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. ❑ Any changes to a site plan(no matter how minor or major)approved with a planned development overlay can only be approved by city council through the public hearing process. Q l have read and understand all the requirements as set forth by the application forplanned development overlay and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE PLANNED DEVELOPMENT OVERLAY RIEgUEST AND PLACE A SIGN ON THE SUBJECT PROPERTY-,_ P ` � I rint plicant's Name Ap Icant's Signature The State of 1 County of ^: , , 11 � . Before me (notary) on this day personally appeared(applicant) f known to me (or proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office thif--�; day off. ,A.D F SHEILATOMLINSON 1 MY COMMISSION EXPIRES -- Noven er 13,2014 Notary In and For State of L h 1.No. A1.T.9.rr .R rsPe5 Print Property Owner's Name /rope rty Owner's Signa /re(—) The State of County of Before me(notary) n this day personally appeared (applicant) known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the 1 foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this day ofl. A.D. SHEILA TOWNS Notary In and For State of 4: _= MY COMMISSION EXPIRES v �` ti November 13,2414 hm. Jul 52011 � 1 ., J ACIGIO WLEDGEMBILT All Conditional Use and Special Use Applications are assumed to be complete when bled and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required Filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. 1 have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this ap 'cation have been met at the time of submittal. Signature of Applicant , Date � � j r ,� Signature of Property Owner 1 r Date I% f f� d F,r t 6 2011 a45 FED yg® IAS PALCIMAS ZONING REQUEST The purpose of this writing is to explain the reason for and the advantage of changing the current zoning from PO (Professional Office Use) to R-TH Townhouse with a PD overlay, which would allow a single family detached housing development. The property is a 2.74 acre vacant tract of land situated on the Southeast Corner of Dove Rd. and Kimball Rd. at the northwest edge of Grapevine It is adjacent to the Carroll Independent School District Administration building (formerly a Food Lion grocery store). It is virtually surrounded by other residential development. There are two small commercial enterprises on the corner of Dove and Kimball in Southlake. A small older convenience store and a self-storage operation are on the northwest corner and a seasonal snow-cone stand on the southwest corner. However, it is our understanding that the retail area might be rendered unusable after the completed widening of Kimball. The property has proven not to be attractive for commercial use as it has been vacant for approximately twenty(20) years. Even the development of the grocery store adjacent to it didn't spur retail development and the office zoning has not attracted development either. There are several reasons for this most notably it is simply not a good location for either. There are far too many better locations with heavier traffic patterns for retail and there is a tremendous oversupply of office space on the market. Moreover,technology is tending to make office space somewhat obsolete. If not mistaken, the northeast corner of Dove and Kimball was at one time also zoned for commercial use but was never developed as such and zoning was changed to and the developed as single family residential. The reason we are seeking the zoning of R-TH with a PD overlay is because it is the closest zoning the City has for our proposed usage. We want to develop a community of free-standing homes on a lot size that is attractive to young couples looking for their first home purchase, older citizens who wish to downsize after their children are out of the nest, single parents who want affordable but top quality housing. All of these as well as other users want a place with a low cost of maintenance on both the home as well as the yard. They want to live in a community that is either close to or has great access to their work place, schools, church, friends, shopping and recreation. This site fills all of those needs, particularly with the existing construction of the widening of Kimball. We are essentially requesting that we create a zoning that fits the needs of the community for this particular property. In order to create a zoning that will work for this property, the size and shape of the property and the design of the end product requires that we seek variances from the basic zoning (R-TH) language. To that extent we have created two charts identifying and explaining these variance requests. One is found on the Site Dimensional Control Plan and the other is shown on a separate sheet titled Las Palomas Zoning Amendments. This separate sheet shows the zoning language,the requested language variance and a short note of explanation. As our presentation will show we want to develop a residential community that any City should be proud to have in their midst. It is planned and designed to create a feeling of security and camaraderie with large open areas along Kimball Rd. yet limited access and vehicular traffic within the development. All of the front lawns as well as the common areas will be maintained by the Home Owner's Association creating a continual well groomed and appealing look. The homes will range in size from approximately 2,100 s.f. to 2,650 s.f. They are all two story homes and have a wide range of floor plans including plans with first floor master suites. In addition to contributing to the City as an aesthetically pleasing development with energetic and appreciative citizens it will also add a sizeable amount of Ad Valorem tax value. The following chart is a comparison as to the tax values of the proposed development versus office and/or retail use. Use Quantity Value Residential 19 homes @ $350,000= $6,650,000 Office/Retail 27,400 SF* @ $150.00= $4,110,000 Added Value $2,540,000 *a rule of thumb for office and/or retail value is 10,000 sf per acre Moreover, by definition,the residential development will create much less traffic impact, both in number and type of vehicles, on the area than either office or retail use. Las Palomas will be a high quality residential community creating a very pleasant and appealing viewscape at the northwest portal to the City. ORDINANCE NO. LIAS III AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z11-04 ON ATRACT OF LAND OUT OF THE FRANKLIN WOOD SURVEY, ABSTRACT NO. 1688, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "R-TH" TOWNHOUSE DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same,the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council further considered among otherthings the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change,that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population;facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for this change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and,therefore, feels that a change in zoning classification for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas and helps promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL_OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine,Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby ORD. NO. 2 amended and changed by Zoning Application Z11-04 to rezone the following described property to-wit: being a 2.74 acre tract of land out of the Franklin Wood Survey, Abstract No. 1688, Tarrant County, Texas(3091 Dove Road)more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PO" Professional Office District Regulations is hereby changed to "R-TH" Townhouse District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. That the City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future,to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation,water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions forthe normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. ORD. NO. 3 Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of March, 2012. APPROVED: ATTEST:; APPROVED AS TO FORM: ORD. NO. 4 METES AND BOUNDS DESCRIPTION LOT 1,BLOCK 10, PARRA LINDA ESTATES IN THE FRANKLIN WOOD SURVEY,A-1688 CITY OF GRAPEVINE,TARRANT COUNTY, TEXAS All that certain 2.740 acres of land, which is Lot 1, Block 10, Parra Linda Estates, an addition to the City of Grapevine, recorded in Cabinet A, Slide 711 in the Plat Records of Tarrant County, in the Franklin Wood Survey, A-1688, in the City of Grapevine, Tarrant County, Texas and more particularly described by metes and bounds as follows: (all bearings based on the plat of said Parra Linda Estates) BEGINNING at the east comer of said Lot 1, Block 10,Parra Linda Estates, common to the north comer of Lot 2, of said Block 10, Parra Linda Estates,in the southwest right-of-way line of Dove Road(80' R.O.W.); THENCE along the common lines of said Lot 1 and Lot 2, Block 10 Parra Linda Estates the following courses: South 38° 11'21" West- 205.50'to an angle corner; North 510 48'39" West- 3.50'to an angle corner; South 380 11121" West- 230.50'to an angle comer; South 00°26'25" East- 54.50'to an angle comer; South 890 3313511 West- 67.94'to the southwest corner of said Lot 1, common to the most westerly northwcst comer of said Lot 2, in the east right-of-way line of Kimball Road(R-O.W. Varies; THENCE North 00 02625" West - 606.91'along the east right-of-way line of said Kimball Road, to the point of curvature of a curve to the right, which is the south end of the southeast right-of- way cutback curve at the intersection of the east right-of-way line of said Kimball Road and the southwest right-of-way line of said Dove Road,having a central angle of 128°37' 46", a radius of 28.86' and a chord bearing and distance of North 63' 52'28"East-52.01; THENCE along said curve to the right, along said southeast right-of-way cutback curve, an are distance of 64.78' to the east end of said cutback curve, in the southwest right-of-way line of said Dove Road; THENCE South 51 04839" East - 378.89' along the southwest right-of-way line of said Dove Road,to-the POINT OF BEGINNING and containing 2.740 acres of land. This Metes and Bounds Description is issued as an attachment to zoning and planning documents. It is not intended for title transfer. ORDINANCE NO. AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D"OF THE CITY CODE, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD11-05 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM THE ATTACHED DWELLINGS, MAXIMUM BUILDING COVERAGE, FRONT AND SIDE YARD SETBACK, REAR YARD SETBACK RELATIVE TO REAR ENTRY GARAGE ACCESS, SIDE YARD SETBACK ADJACENT TO STREET, REAR YARD BUFFER AREA,AND BUILDING SEPARATION, ALL IN THE "R-TH" TOWNHOUSE DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a planned development overlay by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested planned development overlay should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine,Texas,did consider the following factors in making a determination as to whether this requested planned development overlay should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage,schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 41 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine,Texas, does find that there is a public necessity for the granting of this planned development overlay, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the planned development overlay lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this planned development overlay and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally ORD. NO. 2 classified and, therefore, feels that the issuance of this planned development overlay for the particular piece of property is needed, is called for, and is in the best interest of the public at large,the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. NOVA, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a planned development overlay in accordance with Section 41 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code, by granting Planned Development Overlay PD11-05 to include but not be limited to deviation from the following requirements: attached dwellings, maximum building coverage, front and side yard setback, rear yard setback relative to rear entry garage access, side yard setback adjacent to a street, rear yard buffer area, and building separation within the following described property: Lots 1-9, Block A, Lots 1-6, Block B, Lots 1-6, Block C, Las Palomas Addition (3091 Dove Road) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit"A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the Cityof Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to secure safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation,water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas,affecting zoning and shall not repeal any of the provisions of said ORD. NO. 3 ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that !if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of March, 2012. APPROVED: ATTEST: ORD. NO. 4 APPROVED AS TO FORM: ORD. NO. 5